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State v. Lott

Oregon Court of Appeals
Feb 12, 1992
823 P.2d 1041 (Or. Ct. App. 1992)

Opinion

C90-04-32163; CA A67071

Submitted on record and appellant's brief December 19, 1991

Convictions affirmed and remanded for resentencing February 12, 1992

Appeal from Circuit Court, Multnomah County.

Dorothy M. Baker, Judge pro tempore.

Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, Salem, filed the brief for appellant.

No appearance for respondent.

Before Richardson, Presiding Judge, and Deits and Durham, Judges.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Defendant was convicted of possession and delivery of controlled substances as part of a drug cultivation, manufacture or delivery scheme or network. He demurred to the indictment on the ground that the scheme or network language is unconstitutionally vague. However, on appeal, he challenges only the sentence imposed. The state concedes, by letter, that the sentence is improper. State v. Moeller, 105 Or. App. 434, 806 P.2d 130, rev dismissed 312 Or. 76, 815 P.2d 701 (1991). We accept that concession.

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Lott

Oregon Court of Appeals
Feb 12, 1992
823 P.2d 1041 (Or. Ct. App. 1992)
Case details for

State v. Lott

Case Details

Full title:STATE OF OREGON, Respondent, v. CHARLES HENRY LOTT, Appellant

Court:Oregon Court of Appeals

Date published: Feb 12, 1992

Citations

823 P.2d 1041 (Or. Ct. App. 1992)
823 P.2d 1041

Citing Cases

State v. Renfro

PER CURIAM Convictions affirmed; remanded for resentencing. State v. Lott, 111 Or. App. 394, 823 P.2d 1041…